Georgetown University Mail - Georgetown University - Nevada DMV Facial Recognition System- Public Records Request 9/21/18, 4)18 PM Clare Garvie Georgetown University - Nevada DMV Facial Recognition System- Public Records Request 4 messages Michael D. Jensen Wed, Jun 13, 2018 at 3:15 PM To: "cag104@law.georgetown.edu" Cc: "Terri L. Albertson was Terri L. Carter (talbertson@dmv.nv.gov)" , Amy McKinney , "Kevin Malone (kmalone@dmv.nv.gov)" Dear Ms. Garvie: I am writing regarding your public records request for records related to the Nevada Department of Motor Vehicles (DMV) facial recognition system (FRS). I am an attorney assigned to represent the DMV, and I have been asked to review records compiled by DMV, in response to your request, for confidential and/or privileged material. In the process of reviewing these documents, I have learned the procedure used by DMV for a law enforcement agency to request a photograph be compared to photographs in DMV records through the FRS requires the agency to submit the request on agency letterhead. Nevada Revised Statutes 481.063 governs the confidentiality and release of “personal information” contained in Nevada DMV records. NRS 481.063(6) sets out most of the exceptions for release of personal information from DMV records. The statute specifically restricts the release of photographs to governmental agencies needed to carry out their functions. Additionally, NRS 481.063 provides for discretionary release of personal information from DMV records for certain specified uses. Your request does not appear to fall within those specified uses. As a result, the law enforcement FRS requests require redaction information including, but not limited to, the photograph, the name and related personal information provided about the suspect, and the information, if any, about the suspected criminal activity. Following review of several of these requests, after this information is redacted is very little information remaining in the letter. Additionally, the process of identifying, reviewing and redacting confidential information from these letters is anticipated to require the extraordinary use of personnel resources. The Nevada Public Records Act provides that an agency may charge for personnel costs associated with responding to public records requests that require the extraordinary use of personnel resources. Given the limited information that will remain on the redacted letters, I am writing to find out if you will agree to revise your request to exclude these request letters. If not, the DMV, pursuant to the Nevada Public Records Act, will provide you with the estimated cost to respond to this part of your request, and will require you to may this amount prior to working on this portion of your request. Please let me know as soon as possible if you are willing to revise your request in this manner. As to the remainder of your request, the DMV has gathered numerous records responsive to your request. The DMV anticipates these records will be provided to you soon. Please feel free to call me if you would like to discuss this matter. Finally, if you believe I am misinterpreting the law regarding the release/redaction of the request letters, I would request you provide me with your argument and legal authority supporting your argument in writing so I can discuss your position with my client. Regards, https://mail.google.com/mail/u/0/?ui=2&ik=2c16a8cd0b&jsver=QCPH…l=163fa9438b7bc34f&siml=16558d058393af9a&siml=165fd8e44ac34370 Nevada DMV 111852 Page 1 of 5 GULaw Privacy FR Georgetown University Mail - Georgetown University - Nevada DMV Facial Recognition System- Public Records Request 9/21/18, 4)18 PM Mike Jensen Senior Deputy Attorney General Office of the Attorney General Bureau of Litigation Transportation Division-DMV/DPS (775) 684-4603 Confidentiality/Privilege Statement: This e-mail and any attachment(s) are intended only for those to which it is addressed and may contain information which is privileged, confidential and prohibited from disclosure and unauthorized use under applicable law. Any review, retransmission, dissemination or other use of, or taking any action in reliance upon, this information by anyone other than the intended recipient is not authorized. If you are not the intended receipient and/or you are not entitled to receive attorney client priviledged material including attorney work product, the release to you of this privileged information is inadvertent, and the release is not intended to waive the attorney client privilege or the subject matter thereof. If you have received this transmission in error, please return the material received to the sender and delete all copies from your system. Michael D. Jensen Fri, Jul 13, 2018 at 11:49 AM To: "cag104@law.georgetown.edu" Cc: "Kevin Malone (kmalone@dmv.nv.gov)" , "Terri L. Albertson was Terri L. Carter (talbertson@dmv.nv.gov)" , Amy McKinney Dear Ms. Garvie: I am writing to follow-up on my e-mail dated June 13, 2018. I have not received a response from you. I did get an out of office message when I sent the e-mail. Would you please let me know how you would like the Nevada DMV to proceed on your records request. Please feel free to give me a call if you have any questions, concerns or would just like to discuss this matter further. Regards, Mike Jensen Senior Deputy Attorney General Office of the Attorney General Bureau of Litigation Transportation Division-DMV/DPS (775) 684-4603 https://mail.google.com/mail/u/0/?ui=2&ik=2c16a8cd0b&jsver=QCPH…l=163fa9438b7bc34f&siml=16558d058393af9a&siml=165fd8e44ac34370 Nevada DMV 111853 Page 2 of 5 GULaw Privacy FR Georgetown University Mail - Georgetown University - Nevada DMV Facial Recognition System- Public Records Request 9/21/18, 4)18 PM Confidentiality/Privilege Statement: This e-mail and any attachment(s) are intended only for those to which it is addressed and may contain information which is privileged, confidential and prohibited from disclosure and unauthorized use under applicable law. Any review, retransmission, dissemination or other use of, or taking any action in reliance upon, this information by anyone other than the intended recipient is not authorized. If you are not the intended receipient and/or you are not entitled to receive attorney client priviledged material including attorney work product, the release to you of this privileged information is inadvertent, and the release is not intended to waive the attorney client privilege or the subject matter thereof. If you have received this transmission in error, please return the material received to the sender and delete all copies from your system. From: Michael D. Jensen Sent: Wednesday, June 13, 2018 12:15 PM To: 'cag104@law.georgetown.edu' Cc: Terri L. Albertson was Terri L. Carter (talbertson@dmv.nv.gov) ; 'Amy McKinney' ; Kevin Malone (kmalone@dmv.nv.gov) Subject: Georgetown University - Nevada DMV Facial Recognition System- Public Records Request [Quoted text hidden] Clare Garvie To: "Michael D. Jensen" Mon, Aug 20, 2018 at 3:29 PM Dera Mr. Jenson, My sincere apologies for the delay in responding to this email. If due to this delay the request is considered closed, please let me know and I will resubmit. If it is not yet closed, I agree to amend my request to exclude the request letters, but is it possible to either 1) send a few sample letters (even with redactions) and 2) give me a rough sense as to how many there have been in the specified time period? Again, my apologies. Please let me know if we can still proceed on the existing request, or if I must re-initiate the request. Regards, Clare ________________________________________________ CLARE GARVIE Senior Associate Center on Privacy & Technology Georgetown University Law Center O: (202) 661-6707 E: cag104@georgetown.edu T: @clareangelyn Join our mailing list! Subscribe here. https://mail.google.com/mail/u/0/?ui=2&ik=2c16a8cd0b&jsver=QCPH…l=163fa9438b7bc34f&siml=16558d058393af9a&siml=165fd8e44ac34370 Nevada DMV 111854 Page 3 of 5 GULaw Privacy FR Georgetown University Mail - Georgetown University - Nevada DMV Facial Recognition System- Public Records Request 9/21/18, 4)18 PM [Quoted text hidden] Kevin Malone Fri, Sep 21, 2018 at 3:14 PM To: Clare Garvie Cc: "Mike D. Jensen- AG" , "Terri L. Albertson" Ms. Garvie: Thank you for your e-mail response of August 20th. It is not necessary to resubmit your public records request. Thank you for amending item #5 of your request to only include a few sample request letters and a rough sense of the number of requests during the specified period. Attached please find several documents related to the request for samples of redacted documents. The files which begin with “CR-31” are a facial recognition request from the US Marshals Service to all driver licensing agencies in the US. It was forwarded to the Nevada DMV by the Nevada Department of Public Safety. The Nevada FRS scan returned no results. These documents have been redacted to remove personal information of the suspect under NRS 481.063. The file “NLVPD Rooks FRS results 02-09-2017 sample_Redacted.pdf” is an unrelated FRS scan requested by the North Las Vegas Police Department. The file contains the first of five pages of FRS potential matches returned in the search. Photographs, names and DL/ID numbers have been redacted per NRS 481.063. The Department has identified 788 potential FRS requests from outside agencies from June 14, 2015 to March 8, 2018. The Department is now completing its response to the other seven items in your request. We will forward you those materials by separate letter. Kevin R. Malone Public Information Officer Nevada Department of Motor Vehicles 1399 American Pacific Dr. Henderson, NV 89074 (702) 486-1311 (702) 499-4278 cell https://mail.google.com/mail/u/0/?ui=2&ik=2c16a8cd0b&jsver=QCPH…l=163fa9438b7bc34f&siml=16558d058393af9a&siml=165fd8e44ac34370 Nevada DMV 111855 Page 4 of 5 GULaw Privacy FR Georgetown University Mail - Georgetown University - Nevada DMV Facial Recognition System- Public Records Request 9/21/18, 4)18 PM www.dmvnv.com From: Clare Garvie [mailto:cag104@law.georgetown.edu] Sent: Monday, August 20, 2018 12:30 PM To: Michael D. Jensen Subject: Re: FW: Georgetown University - Nevada DMV Facial Recognition System- Public Records Request [Quoted text hidden] 3 attachments CR-31 photo_Redacted.pdf 159K NLVPD Rooks FRS results 02-09-2017 sample_Redacted.pdf 1601K CR-31 HSIN Request_Redacted.pdf 309K https://mail.google.com/mail/u/0/?ui=2&ik=2c16a8cd0b&jsver=QCPH…l=163fa9438b7bc34f&siml=16558d058393af9a&siml=165fd8e44ac34370 Nevada DMV 111856 Page 5 of 5 GULaw Privacy FR